8 Ga. App. 1 | Ga. Ct. App. | 1910
(After stating the foregoing facts.)
In Central Ry. Co. v. Hall, supra, it was held that “a railway company, in its capacity as a common carrier, may, as a basis for
Under the ruling in G. S. & F. Ry. Co. v. Johnson, supra, and the unbroken line of decisions holding that the value of the shipment can not be arbitrarily fixed as a mere prearrangement against liability, it must be held that the rate announced in the classification of the railroad commission had no application to such a state of facts as that presented in this case. It appears here that the freight on marble from Marietta to Amencias is 26 cents per cubic foot, and presumably it is much more on marble from Vermont. It is possible that the classification of the railroad commission might apply as a true measure of value to shipments from some points where the
Nor is the result affected by the fact that the rate given to the shipper by the carrier may have been in violation of the rates fixed by the interstate-commerce commission and required to be published. This might subject either or both of the parties to a criminal prosecution, or, as pointed out in the cáse of Georgia Railroad v. Creety, 5 Ga. App. 427 (63 S. E. 528), would allow the carrier to sue for and to cover the charges fixed by the interstate-commerce commission in an action brought for that purpose. The amount of freight charged for the carriage of a shipment, however, has nothing to do with the right of a plaintiff to recover for the loss or destruction of the property he has entrusted to a carrier for shipment, except in so far as the charge for freight may be a circumstance showing that there was a bona fide valuation of the shipment.
The judge did not err in overruling the objection to certain testimony of C. A. Snyder, a witness for the plaintiff; for the reason that the objection was made (as appears from the record) to that testimony as a whole, and, while a portion of it might have been subject to the objection urged, many of the statements included in it were legal and competent. No effort was made to separate the objectionable portion from the legal testimony; and;, under the well-settled rule, the duty of making this separation devolved upon the objector. After a careful review of the record, we are satisfied that, the controlling issues in the case were properly submitted to the jury, that the verdict is sustained by ample evidence, and that the minor errors to which we haye referred had no effect upon the result.
With the direction that the judge of the city court amend the verdict and the judgment so as to exclude the amount returned as interest, the judgment is affirmed.
Judgment affirmed, with direction.'